this is kpix5 news on kbcw. >> wild fire has exploded across nearly 4,000 acres, but it's also affecting communities miles away. >> they were given 60 days to work out their differences, but it looks like bart and its union plan to keep commuters on the edge of their seat until the bitter end. >> what happened to me wasn't fair, wasn't right. >> she says a major clothing chain fired her for her look and a judge agrees. good evening, i'm ken bastida. >> and i'm elizabeth cook. the fire is still spreading tonight. flames have reached the peek of the mountain. chewing through more than 3700 acres. it's only 20% contained and people in as many as 100 homes around the outskirts of clayton remained evacuated tonight. the fire started at 2:00 yesterday afternoon on morgan territory road near the state

park. >> cal fire brought out the big guns today. the d.c.10 that swooped low over the fire zone to make several passes, dropping retardant. they are also using other air tankers, pouring water on the flames. as you have probably seen that fire is filling bay area skies with a lot of smoke. it's not fog you're looking at. this view from chopper 5 shows the smoke whopping for miles. kpix5 on the changes that people are making in their daily routines because of all that bad air. linda. >> ken, yeah, a lot of that smoke is drifting southeast of mount diablo. that's where i am where the base camp is. not too bad because you can see the wind has picked up. not bad for the fire fighting efforts, but it does dispate some of that smoke. but yes, people have to change their plans. schools have had to cancel outdoor activities. >> a smoky brown haze settled over parts of contra costa and

alameda counties. some said it was enough to drive them indoors. >> you could notice it in black hawk, the smoke coming over and we started smelling it, so we all went back inside. >> air quality district issued a smoke advisory. the pollution level considered moderate. but for the dublin school district, it was enough to cancel p.e. and lunch outdoors. >> personally, i have asthma, so it was getting to me a little bit, but it was, as the day was progressing, it faded. >> dublin high school's running team jogged inside the gym and the football team practiced indoors. >> we did most of the mental stuff today. hopefully tomorrow we can go out and play football. >> did the smoke or haze affect you? >> no, i smelled it throughout the day. it was that earthy, chalky smell. >> well the fire is 20% contained, but the good news tonight is that the flames have not advanced since 3:00 this afternoon. reporting live at the base camp

in dublin, linda yee, kpix5. >> that smoke could be a problem for a while, but it's finally cooling down a little bit? >> temperatures dropping, which means humidity will go up. this smoke will be an issue for days and the wind flow, which was in effect today, a flow coming from the northwest, pushing the smoke down to the south and east. that's going to continue for the next several days. the trivalley, livermore, pleasantton, dublin, even danville will be dealing with smoky conditions because that wind direction will continue from the north and west. problem was, it has been so dry recently and then so hot with low relative humidity over the past couple days. antioch, 100. there's that marine layer. it will push inland tonight and as temperatures drop over the next couple days, the relative humidity is going to increase. the air quality is not going to be that good, but fire fighting efforts will be helped over the next couple of days. no rain fall, but humidity is going up. details for the next week,

that's ten minutes away. >> paul, thank you. it's not just people and homes in the path of those flames, horses and other livestock are also being evacuated. contra costa county horse owners say it's a tight knit community and everyone is pitching in to help. the farm park and the contra costa county farm grounds are boarding horses for as long as needed. on to syria where the debate is drumming up more strong emotions tonight. >> i have found a particularly issue with syria very difficult. >> this demonstration was held outside minority leader, nancy pelosi's office in san francisco. pee pelosi is in favor. this event was part of a national campaign to urge politicians to avoid another war. this was on the brink of a breakthrough. kristen ayers tells us john kerry may have stumbled on to a resolution to this whole thing with a single off the cuff remark. >> is there anything at this

point that his government could do or offer that would stop an attack? >> sure, he could turn over every single bit of his chemical weapons to the international community in the next week. turn it over. >> and then to everyone's surprise, syria said okay, it will. after that, president obama told cbs evening news anchor, scott pelley. >> it is a potentially positive development. i don't think we would have gotten to the point where they put something out there publicly. had it not been and if it doesn't continue to be a credible military threat from the united states. >> syrian president, bashar assad told cbs this morning, cohost, charlie rose, that if the u.s. attacks, there could be retaliation. >> expect everything, not necessarily through the government and have different parties, different factions. >> president obama says he doesn't take that as a credible

threat, because syria simply doesn't have the capacity to carry out a significant attack. >> some of his allies, like iran and hezbollah does have the capacity to engage in strikes against us. our intelligence is very clear that they would not try to escalate a war with us. >> president obama still wants congress to authorize the use of force, but the public is not with him. a new cbs news "new york times" poll shows 61% of americans oppose the idea of military strikes. only 30% are in favor. in the newsroom, kristen ayers, kpix5. >> president will make his case to the nation in a televised address tomorrow night. kpix5 will of course broadcast that speech live starting at 6:00. >> tomorrow marks the half way point in the 60 day cooling off period to avert another bart shutdown. and there appears to be a glimmer of hope. no one wants to see scenes like

this. bart workers taking to the picket lines and commuters waiting in long lines for shuttles. bart and the unions began talking about the little stuff, but the major topics won't be discussed until next week. bart workers will strike again in october, october 11, if a deal can't be reached. it's been three years since the pipeline explosion in san bruno. and on this anniversary, the state announced pg and e will not face criminal charges. the explosion destroyed 38 homes and killed eight people. pg and e recently admitted to falsely reporting the safety of its pipelines across san francisco and the peninsula. federal prosecutors still have two years to file criminal charges against the utility. >> it seems george zimmerman can't steer clear of trouble. his estranged wife called 911 to say that he was threatening her family with a gun. but police don't plan to do anything about it. mark explains why. >> reporter: news helicopters

showed george zimmerman being questioned by police outside of the home of his wife's parents. >> he is in his car and he continually has his hand on his gun and and saying, step closer. >> to what? >> to his firearm. >> and he's going to shoot us. >> okay. >> he punched my dad in the nose. my dad has a mark on his face. his glasses were on the floor. he accosted my father and took my ipad out of my hand and cut it with a pocket knife and threw it. i don't know what he is capable of. i'm really scared. >> shelly zimmerman filed for divorce last week. she and her parents declined to press charges after monday's confrontation. george zimmerman was not arrested. >> we, the jury, find george zimmerman not guilty. >> last july, he was acquitted of second-degree murder for shooting trayvon martin. zimmerman thought the unarmed

teenager looked suspicious and got into a deadly fight. zimmerman is entitled to carry a firearm again. in july, he had a gun in his truck when texas police pulled him over for speeding. late monday afternoon, the police chief said shelly zimmerman changed her story and claims she never saw a gun during the confrontation. nobody is pressing any charges. mark strasman. >> the attorney is blaming the whole thing on the stress of the couple's pending divorce. a car dealer who became a pop culture legend has died. >> if you need a better car, he's the bettest by far. >> cal worthington passed away yesterday after watching a football game at his northern california ranch. the 92-year-old was best known for wrestling with chimpanzees, snuggling with bears and playing with a hippo in his commercials. and of course, we can't forget

his jingle. well company appears to be obsessed with its own image. tonight, abercrombie and fitch doesn't look good. >> taking steps to become its own step and urging others to follow. >> and what is next for apple? we'll know tomorrow, but until then, the rumor mill is churning away. ,,,,,,,,,,,,,,

girl who was fired for weara religious head scarf.. he t he says abercrombie and fitch lost a dediscrimination lost today. after three years, she says she finally has justice. >> got the news in an e-mail from one of her attorneys. >> i didn't understand the complete gist of it until i got another e-mail all capitalized saying we won and that put me over the edge. i got really excited after that. >> we first met her back in 2010. she was 19 years old and didn't want her face shown. she just been fired from her stock room job at the hollister mall for wearing a head scarf.

abercrombie said it -- sued them for religious dediscrimination. after 3 1/2 years of legal wrangling. a federal judge ruled they were wrong. >> we are hopeful this will be a turning point for them and for others. >> attorney said she worked at the store for four months before she was fired. the company claimed the head scarf hurt business. but the judge wrote, abercrombie failed to show a decline in sales. customer complaints or confusion or brand damage linked to her wearing a head scarf. >> saying they should be accommodated should send a clear message to employers that this won't be tolerated and people are willing to challenge it. >> later the month, a jury will decide how much they will pay in damages and what changes they'll have to make to their corporate policy. it was never about the money.

>> what happened to me wasn't fair, it wasn't right, and i don't want another girl or anyone else to face dediscrimination just for the things that they believe in. >> as her attorneys have said all along, no one should have to choose between a paycheck and a head scarf. kit doe, kpix5. >> abercrombie say they don't comment on pending litigation. they do not dediscriminate based on religion and grant religious accommodations when quote, reasonable. it could be one for the record books in silicon valley. ten new megaoffice towers are in the works right now. each seven story tower would be built at the corner of brocow road. total development would be just over 2 million square feet. that's about the size of the empire state building or about 14 costco stores. >> this will be the biggest office project built in san jose. >> 2 million square feet could easily employ over 8,000

people. this is a bananza. >> submitted preliminary plans to the city last week. a tenant is already interested, but no one is saying who that is and ground breaking, for months or possibly years away. >> we talked enough about the eastern span of the bay bridge, now the western span is taking the spotlight and it's one step closer to being called the willie brown bridge. it's a resolution that passed the state assembly today. tonight actually. it is passed by the senate, the western span would be named the willie l. brown, jr., bridge, after former assembly speaker and san francisco mayor, willie brown. >> first speaker, at least we can do is the bridge. >> three former san francisco supervisors aren't happy about the resolution saying it doesn't reflect community consensus, even calling brown a controversial figure. legislators have until friday to give the go ahead and

officially rename the bridge. there's a movement to split california in two. not north and sound, more like north and further north. supervisors voted to declare their independence from california. they want to form a new state called the state of jefferson. we heard this before. proponents say they are tired of urban outsiders passing environmental regulations that other indivisible really harm local industries like logging and ranching. >> people are passing indivisible don't affect them, affect us terribly, we don't have any representation. >> what are our choices here? we can fight or we can die. those are our two choices. and we're not going to go quietly into the night. we're going to try to find government that represents us. >> the backers of the state of jefferson face some pretty big obstacles. first and foremost, money. it also need approval from san francisco and the u.s.

congress. the very entities that they are rebelling against right now, still, the separation movement is gaining some momentum. modot has a vote scheduled. hum bolt county is considering it as well. >> okay. well, we'll see. >> further north. >> yes. one in california, then there's almost oregon. >> sort of in oregon. >> beautiful up there. >> i was going to say, most of the time it has been warm these days. obviously we had a few fires, but normally, you want to be from california. it's a nice place to live. >> best climate on earth and around here, we get a lot of climates packed into one bit. we had 60 degrees at the coast today and cloudy. we had 102 degrees inland with a major forest fire all in the same area, all in the same day. those are your microclimates. oakland tonight live. we have cloud cover off in the distance. you see the new span of the bay bridge. we have lots of cloud cover, lots of fog, even some drizzle

at the golden gate. we had this the past couple nights. the difference between tonight's weather and the past few nights is it will push inland and highs tomorrow will be much cooler. if you were up near 100 today, you'll be about 10 to 15 degrees cooler tomorrow. concord dropping down to 64. fremont down to 60. sunrise, 6:48 in san francisco with a low of 58 degrees. once we go to clayton for the microclimate forecast. households are out of their house right now. the weather is going to cooperate a bit and not going to be that hot, but still going to be sunny and dry. upper 80s tomorrow and sunny skies the high of 86. cooling back to normal coming up on wednesday. here's the game changer. it's this area of high pressure off to the west. rule of nature, winds go clock wise. we will grab a light to moderate on shore flow. highs in the 60s, it pushes inland tomorrow, it will be with us, even when the high moves, instructing something

else is behind it. the ocean sitting at 59 degrees. bye bye 100s and hello to more normal highs with 70s near the bay. the hottest weather has been four dais near 100 degrees. done. finished, not coming back tomorrow. highs in the 80s tomorrow with widespread fog near the bay, but you'll get the afternoon sunshine. basically all we are doing is cooling back to normal. san jose, you are down to 84. liver more 90, but that's 12 degrees cooler than today. fremont tomorrow, 78. heyward 75. upper 80s, still warm, but not hot from pleasant hill. watch out for the air quality. might want to keep the kids inside. your high 73. 68 for the city. mill valley 81. santa rosa 81. toasty inland toward clear lake, 97 degrees. so we'll cool completely back to normal by wednesday. once we get there, we'll stay there. back in the comfort zone. not hot, not cold, 80s away from the water, 70s near the bay. it will help out with the fire

danger. we need a good soaker, but not the time of year we'll get that. all we can ask for is increase in humidity. and we'll see that. >> sounds good. we all joke that we can't put our phones and tablets down. but for some people, it's no laughing matter and they have the hospital bills to prove it. ,,,,,,,,

rrow. but there are well no one knows for sure what apple will announce tomorrow, but there are plenty of guesses. apple is wildly expected to unveil two new iphones. the 5s and cheaper plastic version, the 5c. the low cost model is expected

to come in a rainbow of colors. one rumor that a little harder to pin down. >> the fingerprints insert is one of the iffiest rumors. it will let you unlock your phone without using a pass code. >> all these rumors will be confirmed or not confirmed at 10:00 a.m. tomorrow. you better not get too hooked, you might end up in rehab. that's right. the country's first in pact internet addiction treatment center opens this week in pennsylvania. ten day detox program, not kidding, is designed for people who spend so much time online, they have trouble functioning in real life. patients go cold turkey for the first 72 hours and then it's on to therapy sessions and seminars. the theme for the program, $14,000 and it's not covered by your insurance. >> about to have some company. i'm dennis o'donnell and the eagles take a page out of the

49ers play book. the minute is next. ,,,, ready? happy birthday! it's a painting easel! the tide's coming in!

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it looks like former pack 12 coaches seem to thrive in the nfl. jim harbaugh is the king with the 49ers, while carol was building something in seattle. now it's chip kelly's turn with the eagles. former oregon coach bringing his um tempo offense to philly. turn the redskins defense, michael vick perfect, scores in the second quarter. rushes for 263 yards, 184. mccoy, eagles win 33-27 in kelly's debut as a profootball

coach. u.s. open final between rafael nadal and novak djokovic. it was the 37th time they faced each other in their careers. nadal wins in four sets. he is 13 major championships overall, which is one behind pete for second all time. how about baseball? giants down 2-1 against colorado, but brandon continues to score. double down the line. that tied the game. giants just won behind another brandon bell, 3-2 the final. rangers helped pad the a's lead in the west. against the pirates. gave up the game's only run on an rbi double by pedro alvarez. the pirates clinch their first winning season since 1992. more importantly for a's fans, you have a two-game lead in the american league west. a's closing in. i am furious about this, because i might have to spend some money when we go on the road. >> that's not a good thing. >> got to take care of the viewers, though. >> exactly.

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joey fatone: this is joey fatone from universal orlando resort in sunny florida. it's time to play "family feud." and now here's the star of our show, give it up for steve harvey. [cheering and applause] [captioning made possible by fremantle media] steve: how's everybody doing?